Fluffy Puppy
Active Member
Geeeeeez first question from Baez ("is this th first time you have testified on hair banding") already an objection and approach. This guy has more mini-ambushes than hairs on his arm.
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:tyou:
JB: is bringing up his previous objections
HHJP: we have done that at the Frye hearing, all you have to do is object. The state has to lay a foundation like they do with all witnesses, we don't do a mini Frye hearing we all ready did that.
JB: no of course...we need to do some voir dire...we are intitiled to voir dire the witness to see if the witness meets the qualifications.
HHJP: if they did not have qualifications...but we are not going to have a mini Frye hearing. I will note your motion. To exclude the post mortum banding and the unreliablity of scientific...or some defect in the predicate I will allow you to voir dire but we already had a frye hearing.
JB: we feel that voir dire the witness at that time would help the jury...methodology employed.
HHJP: an expert may testify with their opinions...that is what that talks about, correct?
JB: ?
HHJP: okay
JB: am I not allowed to voir dire the witness or will the court give me some type of indication?
HHJP: what are you trying to voir dire the witness on?
JB: methodology...
HHJP: we had a frye hearing on that...no. Unless she testifies to something totally different as to her qualifications...as I remember you did not have any objections during the frye hearing. Your objections were based on the idea this was new and novel evidence. We have established you cannot have a mini frye hearing.
JB: her qualifications she was questioned about that, we maintain our position.
HHJP: you can maintain your position. I have ruled. If they don't lay a predicate and the witness testifies...and for whatever reason...I have ruled and we have wasted enough time on that. Let's bring in the jury.
Is the jury in there for this?
The mfile link is only showing KC.